Loading...
HomeMy WebLinkAbout976625976625 5/14/2014 12:27 PM LINCOLN COUNTY FEES: $18.00 PAGE 1 OF 3 BOOK: 832 PAGE: 322 MORTGAGE JEANNE.yVAGNER, LINCOLN COUNTY CLERK J.f,111,11111111111111. Mortgage THISWORTGAG•E-InadathisjAM:layof. State Loan IniiegtmentB4rd 2014 between Loan No soon° 1.4N HASLEM Lincoln•-County, Wyoming 11006 BOARD0227WeSt5,th i Street;:cheierine: *YOrninghereinaftei belle" N101kT,OOM"'tO FIVEHONDI3FDJMNT.Y.119g4AND,ONE ,.„.WITNESS".,MpRTGAGQR for and in consideration of the sum aforesaid paid by MORTGAGEE, receipt of which MORTGAGOR „acknoWlegges;:-,mOitgages, grants, bargains, and conveys to MORTGAGEE, its successors and o assigns forever, the f011ciWing described realTestate: Township 20 NiOrtii7;Range Lincoln coun t SePliOn18:'-'El/2,'.andlhar,Partl.Ortha E1 /2W1/2 and LOta'1',.'24and 4fly,ing'ndrt h and east of the Union Pacificright of way Township 20 N�rth, Ranqe 113 West, 6th P.M., Lincoln County,:wioming, Secti�n i 3: That partof the N1/2 and SEI/4 lying north irdceit of the 15 r oh.'Pacift 6 :right Qf way and under or in said real estate, whether now owned by m ortgagor d" including any;.ritheral, rights, ex isting on, oitgador and alt other privileg rOP inherited, l ding all water and water,rights,. iqudipateg Pi'riadj4dloated,:', the or reservoirs, ditches, laterals‘; canals, flumes, aqueducts and syphons complete, Or interest therein regardless of how owned o kl'.'ire:Yr!;;1P,1;ef9C1(iT'1?0Y10t#9Pl!1c.6111:47,1r9r190:90,rPilir const with windmills, orf p,d all 4000,000k8ndicprppe11r., the ihigatiCh" herein, Said! :eterids,'hether oWned, by MORTGAGOR qt,ihei this m6rtgage.':Oi ih.Ohy,:rhO her a cquired .bSI;MO,13:r.GAGOR'duriig: th0., term of this mortgage. When the word "premises" is hereafter used it covers all property of every kind and character contained in this paragraph. This :mortgage. is given to secure a. promissory., note... of ,evert...date herewith executed by MORTGAGORS to MORTGAGEE',InT:the p914413S13payableimik..interastapporging..; the ftnah,paymentbelp,g,:clueand.payab.le;on the irst„.ctay o PeCerfilier2043 .0fIna..PrOnisory,;-:.note....MORTGAGEE', not waive the,r immunity by entering into this agreemen and specifcally- retain.irriMiinity and alt defenses available -toAhernaslsoVereigns,underNyo.Stat: MORTqAdOR covenants tht MORTGAGOR is lfulty seized of the.!PremisesJhaf MORTGAGOR hasigoodrightto sell orconveyhe same, and that the premises arefree of any, pnor encumbraces R. warrants the title to the premtses, and releases and waives alt nghfs inder the Homestead Exemption Laws of this State MORTOAGORespaitCfthe cOnsideratibn hereof, further'doVenants as'folloWs: ).:-Tha(ci uring:,r,thei':eXiatence of this;. the MORTGAGOR will in a proper and h..usbandiftce irrigate•: ar'd:ferfilria all orchards and crops now hereafter 'OW fences, ditches; capal*,and.:pther, on the premises in good repair and will not do or permit any waste on the premises and will not abandon them t (2) Tlik FE; or ita agents, Shall at alt times have the right to enter upon and 'inspect the ..prarnises. (3)119,tP)P13T,OAG.P13 will preserve and protect alt water rigtts nd irrigation systerns hereby conveyed, and will pay, whendue;all;essesernants:and"charges for t6e4rigatidri ancl.:arainagebfihe lands hereby mortgaged (4) That MORTGAGOR will pay, when due, all principal and installments thereof, and the interest thereon, as hereinbefore setforth. If default be made in payment when due of any part or installment of principal or interest, then NIQRTGAGOR',ShaIv_pay. Jae on each .defaultedpayment ,from.the.date the payrper4 is clue until the defaulted payment is made at the rate provided pilaw atthetiMe collection is atterfipted by,MORTGAGEE: MORTGAGORwilt:also pay all taxes, liens, judgments, and :assessments; and Shall keepalk-builpings'inereon insured, to MORTGAGEE'S satisfaotion. The insurance shall be made payable to MORTGAGEE, as its interest may appear at the tithe of the loss. MORTGAGOR will pay the premiums. MORTGAGEE may pay all taxes, liens, judgments, assessments or insurance not paid by MORTGAGOR when due. When so paid, they shall become part of the mortgage debt and shall bear interest at the rate as provided by law in effect at that time of collection of default, and shall be payable out of the first moneys received by MORTGAGEE under the terms of this mortgage. (5) That MORTGAGEE shall have a lien prior and superior to all other liens upon all crops growing on lands given it as security for such loan, and also upon such crops after they have been separated from the land for any installment or installments of principal, interest, or statutory fees due or delinquent on the loan, together with other amounts expended under this mortgage with interest thereon at the same rate as hereinbefore provided, and also for all such installments becoming due during the calendar year in which such crops are harvested, with such interest. This lien is hereby expressly reserved. Any person purchasing or otherwise acquiring the crops, or any part thereof, takes the same subject to this lien. Any officer, agent or person empowered to represent MORTGAGEE is hereby authorized to seize the crops, and upon giving three days' notice, to sell either at private or public sale, enough of the crops to pay the amounts due and delinquent under the mortgage, together with cost and expenses of sale. (6) That in the event of the sale or transfer of the real property herein described, at MORTGAGEE'S election, the entire balance of the note shall become due and payable. (7) That further to secure the payment of the note, MORTGAGOR assigns to MORTGAGEE in whole, or at MORTGAGEE'S option, in amounts or proportionate part as MORTGAGEE may from time to time designate, all the rents, bonuses, royalties, payments, damages and delay moneys that may from time to time become due and payable on account of any oil or gas mining leases, mineral leases or any other kind of leases or rights -of -way agreements existing or that come into existence covering the above described lands. At MORTGAGEE'S option, MORTGAGOR agrees to allow payment directly to MORTGAGEE by anyone obligated to MORTGAGOR for any rents, bonuses, royalties, payments, damages, and delay moneys as hereinbefore set out. All moneys received by MORTGAGEE by reason of this assignment shall be applied: First, to the payment of all taxes, liens, judgments, assessments, insurance or other sums advanced by MORTGAGEE under the terms of this mortgage with interest thereon; Second, to the payment of matured installments with interest and statutory fees thereon; Third, to the principal remaining unpaid, provided that nothing herein shall be construed as a waiver of the priority of the lien created by this mortgage over any such lease or right -of -way agreement made after this mortgage. (8) That MORTGAGOR, in applying for this loan, has made certain representations to MORTGAGEE as to the purposes for which the money loaned on this mortgage was borrowed. MORTGAGOR agrees that such representations are specifically referred to and made a part of this mortgage. If the whole or any portion of said loan is expended for purposes other than those specified in the original application of MORTGAGOR or if MORTGAGOR is in default with respect to any condition or covenant of this mortgage, or if MORTGAGOR abandons said land for a period of three months, or if MORTGAGEE at any time believes that said loan is not adequately secured because of any mismanagement, waste or neglect of said land, the whole of this loan shall, at MORTGAGEE'S option, become due and payable. (9) That if MORTGAGOR defaults in the payment of the sum of money intended to be secured hereby, or any portion thereof, or of any installment or any part thereof, or any interest moneys, or any part thereof, or of any taxes, liens, judgments, assessments or insurance, or any interest thereon, then and in that event the whole of said loan shall at MORTGAGEE'S option become due and payable. It shall be lawful for MORTGAGEE to foreclose this mortgage by advertisement and sale or by action in Court, as by law provided in the cases of other mortgages, and to sell and dispose of the premises and all of the right, title, interest, benefit and equity of redemption of MORTGAGOR. Out of the moneys arising from the sale under such foreclosure, MORTGAGEE may retain the principal, interest and statutory fees thereon to the date of sale; and also any moneys expended for taxes, liens, judgments, assessments and insurance, and any cost of abstract of title or continuation thereof, and any cost of any foreclosure policy, and any interest thereon at the same rate as hereinbefore provided, from the dates of such expenditures, respectively to the date of sale, together with all costs and expenses of sale, including a reasonable attorney's fee as set out herein below. The over plus, if any, shall be paid to MORTGAGOR or into Court for disbursement if MORTGAGEE so decides. If MORTGAGEE forecloses this mortgage and the sum derived from the sale of the premises is insufficient to satisfy the amount of the judgment rendered in MORTGAGEE'S favor. MORTGAGEE shall be entitled to and have a deficiency judgment against MORTGAGOR for the amount remaining due and unpaid after applying the proceeds of the sale on the debt due MORTGAGEE. (10) That further, in the event of foreclosure of this mortgage, MORTGAGEE shall be entitled, at the commencement of such foreclosure proceedings, to the appointment of a receiver of the premises, without bond, who shall be designated by MORTGAGEE. The receiver may take possession of the premises and of any crops, and collect the rents, profits and bonuses therefrom pending foreclosure proceedings, and until the right of redemption expires; and that such rents, profits, bonuses and proceeds of sale of crops shall be applied to the payment of the amount due under the terms of this mortgage. (11) That in the event of commencement of foreclosure proceedings, either by advertisement and sale or by Court action, MORTGAGOR agrees to pay as a part of the mortgage debt hereby secured, all costs, fees and expenses, including an attorney's fees of ten percent (10 of the total amount due. (12) MORTGAGOR agrees that in the event of foreclosure of this mortgage, the purchaser or purchasers at the foreclosure sale shall be entitled to enter upon and take possession of the premises twelve months (12) months following the foreclosure sale, and that the purchaser is thereafter entitled to any rents and profits from the premises. MORTGAGOR also expressly agrees that any lessee who shall be in possession by virtue of a lease from MORTGAGEE if MORTGAGEE has purchased the premises at a foreclosure sale shall be entitled to any profits from any crops planted by lessee, and shall have access to the premises to tend and harvest any such crops which have already been planted, regardless of any statutory redemption by MORTGAGOR. 1 This mortgage is made to MORTGAGEE, the State Loan Investment Board, as provided under the Wyoming Farm Loan Act, approved February 22, 1921, and as amended. IN WITNESS WHEREOF, the MORTGAGOR has hereunto set his (her or their) hand the day and year first above written. STATE OF WYOMING ss. COUNTY OF L 1 4 The foregoing instrument was acknowledged before me by Travis,O/ Haslem, Manager and Travis Ray Haslem, as an Individual and Penny .i,.: Haslem, Manager and Penny June Haslem, as an Individual this 91 day of b J 2014. 0 Qkw.Qecyq@ Witness my hand and offici -sea ...°001. E. ca Q 000 u �a 4 of 44 1 7 V ey 4 My Commission Expires: nQ 4 7. R uq p Q ooQOp s Mini I I MO STATE OF WYOMING COUNTY OFU\\ Fees, Attorney General's Office Approval as to Form Jus m l) (13) The terms of this mortgage shall extend to and bind the heirs, successors and assigns of the parties hereto. Photographed Indexed Abstracted Checked ss. 1 ale, Ass nt Attorney Cieneral i raves,* Ha m, 1 raves ay as em, ice r. an n.i� anager This instrument was filed for record at 17 L o'clock M., on the g day o 2014, and duly recorded in Book j on page �?2 RECEPTION NOQ 5 n y 'IerK or Kegister of Deeds A.D., 1